yews STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ne PROGRESSIVE HOME HEALTH 5 CARE, INC., Petitioner, vs. . . Case Nos. 00-3791 & 00-3792 Sh AHCA Nos. 10-00-070 & 00-049HHA AGENCY FOR HEALTH CARE RENDITION NO.: AHCA-01-0@%© -S-OLC ADMINISTRATION, Respondent. / FINAL ORDER The Agency for Health Care Administration, having received an Order Closing File from the Division of Administrative Hearings and a Joint Stipulation entered into by the parties to these proceedings, and being otherwise well advised ‘in the premises, decides as follows: . 1. The attached Joint Stipulation is approved and adopted as part of this Final Order. 2. The Order Closing File entered by J.D. Parrish Administrative Law Judge, dated _ November 6, 2000, closing the file that was opened in this matter by the division of Administrative Hearings is attached and made a part of this Final Order. THEREFORE, it is ORDERED and ADJUDGED that the parties have to comply with the terms of the Joint Stipulation. _ DONE and ORDERED this BD day op 7c 2001, in Tallahassee, Ruben J)King-Shaw, Jr., Secretary, Agencytor Health Care Administfatjon A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: _ Alba M. Rodriguez, Assistant General Counsel Agency for Health Care Administration Manchester Building, 1st Floor 8355 NW 53rd Street Miami, Florida 33166 (nter-office mail) Hon. J.D. Parrish Administrative Law Judge Agency for Health Care Administration The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32308 (U.S. Mail) Patricia Feeney, Area Office Supervisor Agency for Health Care Administration 1710 East Tiffany Drive, Suite 100 West Palm Beach, FL 33407 , (Inter-office mail) * HHA Unit Program Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Inter-office mail) Lionel Barnet, Esquire 9100 South Dadeland Boulevard, Suite404 ; Miami, Florida 33156— “ee (U.S. Certified mail) Guillermo Delgado, Administrator Progressive Home Health Care 10021 Pines Boulevard, Suite 206 Pembroke Pines, FL 33026 (US. Cestified mail) ; CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. mail or inter-office mail the above named addresses on 2001. RS. ency Agency for Health Care Administration 2727 Mahan Drive Building #3 Tallahassee, Florida 32303 (850) 922-5865 : : P.@2 FEB-14-2001 12:16 HCA LEGAL DEPARTMENT | 7. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PROGRESSIVE HOME HEALTH CARE, INC. d/b/a PROGRESSIVE HOME HEALTH CARE, INC., Petitioner, vs. DOAH Case No. 00-3791 AHCA Case No. 10-00-070 AGENCY FOR HEALTH CARE ADMINISTRATION Respondent. / SE ae nC a AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, DOAH Case No. 00-3792 AHCA Case No. 10-00-049 YS. 7 Leste y ce ’ . . PROGRESSIVE HOME HEALTH ° CARE, INC., d/b/a PROGRESSIVE HOME HEALTH CARE, INC., Respondent. ee JOINT STIPULATION AND SETTLEMENT AGREEMENT - This Joint Stipulation and Settlement Agreement (“Agreement”) is made by and f Florida Agency for Health Care Administration (“AHCA”), and rogressive Home Health Care, Inc., d/b/a Progressive Home Health Care, Inc., ("Progressive"), each individually, a “party.” collecti “parties.” : aREAS, AHCA is the agency of the State of Florida responsible for Home Health Agency licensure and inspection; and - ; ~-. WHEREAS, ogressive is aHome Health Agency licensed to operate at 10021 Pines Boulevard, Suite 206, Pembroke Pines, FL 33026; and WHEREAS, AHCA previously identified deficiencies with respect to Progressive’s operation of its Home Health Agency; and P.@3 FEB-14-2001 12:16 AHCA LEGAL DEPARTMENT WHEREAS, the parties desire to enter into this Agreement to settle their dispute with regard to the intended denial of renewal of Progressive’s Home Health Agency license and the fines imposed for deficiencies found on the Survey of March 15, 1999 (AHCA Case No, 10-00-049-HHA; DOAH Case No. 00-3792). NOW, THEREFORE, in consideration of the mutual promises herein, the parties, intending to be legally bound, agree as follows. 1. The foregoing recitals are true and correct and expressly incorporated herein. 2. AHCA and Progressive hereby settle their disputes with respect to the intended denial of renewal of Progressive’s Home Health Agency license and the fines imposed against Progressive. 3. Covenants of AHCA. 3.1 AHCA will issue a Standard license to Progressive Temoving the present provisional status within 30 calendar days after entry of the Final Order and payment of the fine. : 4, Covenants of PROGRESSIVE. 41>. Progressive agrees to pay an Administrative Fine of One Thousand Five Hundred Dollars ($1,500.00) to AHCA within 30 calendar days after the entry of the Care Administration and shall be sent to 2727 Mahan Drive, Mail Stop #14, Attn. Gloria Collins, Tallahassee, Florida 32308 (The AHCA case number above and facility name should be referenced on the check). 5. This Agreement may not be assigned by Progressive, Any assignment, or _ 7... The provisions of this Stipulation may be enforced by either party subject to Florida Statute 120,69. 8. Each party shall bear its own attorney’s fees and costs. 9. ‘This Agreement supersedes any prior oral or written agreements between the . FEB-14-2001 12:17 AHCA LEGAL DEPARTMENT P.04 a FOR PROGRESSIVE HOME HEALTH CARE, INC, CZ : & ve . eS Executed on this 7“ day of CEU) 2001. Mr. Guillermo Delgadgé Administrator Progressive Home Health Care, Inc. 10021 Pines Boulevard, Suite 206 Pembroke Pines, FL 33026 FOR AGENCY FOR HEALTH CARE ADMINISTRATION: alse Qwdely. on this 32 day of Drache 2001 Liz Dutlek, eputy Director Division of Health Quality Assurance - 2727 Mahan Drive Tallahassee, Florida 32308 ecuted on this hey pul , 2001. General Counsel ulie Gallagher Agency for Health Care Administration _2727Mahan Drive ~~ Tallahassee, Florida 32308 7 _ TOTAL P.@4

Docket for Case No: 00-003791